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Service dues

I would just like to ask if there are any statements in Kuwait Labor Law that say that the payment of the last month’s salary will be with the indemnity.

My wife has resigned from her company and is serving her last month. The last day will be on 30th January 2013.

Her company has told her that she will not get her salary for the last month of her duty because the company will add it to her indemnity.

The problem here is that the company also told her that they will give the indemnity once she gets her visa transferred to her new company.

According to one of her friends who also resigned from the company, it took at least 7 months for her to transfer to another sponsor. So in short, it will take months before she gets her last month salary and indemnity. I find this situation unfair for her.

Name withheld
Answer
:
The Kuwait Labor Law is silent on this issue but a large number of the established companies (although not all) follow this practice which is also condoned by the Ministry of Social Affairs and Labor.

In fact, it is only when you go to the Ministry of Social Affairs and Labor for transfer or cancellation of residence does the ministry ask you whether you have received your dues and not before that day.

You can, however, file a case with the Ministry of Social Affairs and Labor for the last month’s salary.

The company has no right to keep the salary. If someone took seven months to transfer the residence, that person should be grateful that his/her company was so tolerant because firms don’t give more than three to four months for such transfers.

So there is nothing you can do, in this case, for the payment of the indemnity. You should make arrangements for the transfer of residence before you leave a firm and not hold a company responsible for a delay on your part.

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